/ 9 September 2005

‘We doubt if Zuma will get a fair trial’

Both the African National Congress Youth League (ANCYL) and the South African Communist Party on Friday asked whether former deputy president Jacob Zuma will have a fair trial, after the Johannesburg High Court granted an urgent application to a former attorney of Zuma’s, Julekha Mahomed, in connection with a Scorpions’ raid on her house and office in August.

”Having breached the fundamental client and attorney confidentiality which constitutes an important element of a fair trial … we therefore doubt if the deputy president, Jacob Zuma, under these circumstances could ever get a fair trial,” ANCYL spokesperson Zizi Kodwa said.

The ANCYL welcomed the court’s judgement, saying it is a victory for the protection of human rights.

”The decision is a victory for the protection of human rights as enshrined in the Constitution of our country.”

Kodwa said the National Directorate of Public Prosecutions (NDPP) had abused its power and authority by misleading Judge President Bernard Ngoepe when it applied for search warrants.

The league also questioned the honesty of the Scorpions in ”all their future work, considering that they had the guts to deceive the judge president”.

”No one must be allowed to violate human rights under the name of pursuing justice.”

The SACP said the judgement vindicates its condemnation of the Scorpions’ behaviour in general, ”and particularly towards comrade Zuma”.

”This illegal action by the Scorpions further reinforces the perception that comrade Zuma will not have a fair trial and that his is a political trial.”

SACP spokesperson Kaizer Mohau said it is time the recommendations of the public protector and the Hefer commission regarding the NDPP and the Scorpions be fully implemented.

”These recommendations included calling upon Parliament to call the NDPP to account, including the establishment and urgent convening of the ministerial coordinating committee to determine policy guidelines on the functioning of the Scorpions.”

The Hefer commission also directed that media leaks from the NDPP had to be investigated.

The SACP said it is worried that the confidence of people in the NDPP and Scorpions will be eroded.

Judge Ismail Hussein determined on Friday that the search warrants for Mahomed’s house and office were obtained and executed unlawfully. He ordered that all documents, files and other objects seized from these premises be returned to her. — Sapa